Feds Hit Pause on Tribal Recognition Remix for Denied Tribes
Published Date: 2/13/2025
Rule
Summary
The Department of the Interior is delaying a new rule about how American Indian tribes can ask the federal government to recognize them officially. This rule, which helps tribes who were denied before get a second chance, will now start on March 21, 2025, instead of February 14. This change affects tribes seeking recognition and gives them more time to prepare, with no immediate cost changes announced.
Analyzed Economic Effects
2 provisions identified: 2 benefits, 0 costs, 0 mixed.
New Re-Petition Opportunity for Denied Tribes
The final rule adds a new Subpart D — 'Re-Petition Authorization Process' that creates a conditional, time-limited opportunity for petitioners previously denied Federal acknowledgment to re-petition. The rule applies to a new category called 'unsuccessful petitioner' (defined in Sec. 83.1), adds definitions for the re-petition process, and revises 25 CFR 83.4(d) to allow a limited exception for re-petitioning for those meeting the conditions in Secs. 83.47 through 83.49 as determined by the Office of the Assistant Secretary--Indian Affairs (AS-IA).
Effective Date Delayed to March 21, 2025
The Department of the Interior delayed the final rule that was to take effect on February 14, 2025; the new effective date is March 21, 2025. The postponement follows the Presidential Memorandum dated January 20, 2025, and the agency describes the delay as a 35-day postponement to allow policy review.
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